Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (8) TMI 620 - AT - Central ExciseCenvat credit - availment of second 50% of credit on various capital goods - non-maintainance of proper records and non-production of relevant documents in support of these credits - Held that:- out of 242 invoices, 210 original documents were produced. For the remaining, photocopies of the documents were produced. These documents in original alongwith the register/records relating to capital goods were taken over by the officers of Central Excise Intelligence in October 2009 in connection with certain investigations. It is seen from the Annexure to the seizure Panchnama dated 20/8/2009, the various connected documents relevant to the disputed credit were taken over by the officers. Even otherwise, I find no justification for the denial of credit as the first portion of 50% credit on various capital goods, components and spare parts have been duly allowed with no objection whatsoever by the Revenue. There is no allegation of diversion of any goods on which these credits have been availed. There is no allegation regarding non-availability of any goods on which credit has been taken. In the absence of such allegation, no justification found in denying the second half of credit on the reasons stated in the impugned order. - Decided in favour of assessee
|